Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9265 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 26
of 2025
• Ramesh Nagvanshi S/o Ramsagar Nagvanshi Aged About 27 Years R/o Village Piparoul Out Post Vijaynagar Police Station-Ramnujganj District- Balrampur - Ramanujganj (C.G.)
... Applicant(s) versus • State Of Chhattisgarh Through Police Station - Ramanujganj District- Balrampur - Ramanujganj (C.G.).
--- Respondent For Applicant : Mr. Rohitashva Singh, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 21/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.70/2024, registered at PS - Ramanujganj District- Balrampur - Ramanujganj (C.G.), for commission of offence punishable under Sections 363, 376(2)(n), 506 of IPC and Sections 04 & 06 of the POCSO Act.
2. Case of prosecution, in brief, is that present applicant took the minor victim in his room at Ramanujganj, gave her intoxicated cold drink and committed rape with her and also taken her obscene photographs and, thereafter, threatened her to viral the said photographs. Based upon report, FIR was registered and applicant has been arrested in
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aforementioned crime.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. On the date of alleged incident, victim was major and there was love affair between the applicant and victim. FIR has been lodged by the victim, due to pressure of her family. There is no any other criminal antecedent against the applicant. Applicant is in jail since 03.04.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim, aged about 15 years and 10 months and also taken her obscene photographs and threatened her to viral the said photographs. Hence, looking to the nature of offence, applicant may not be released on bail.
5. Heard learned counsel for the parties.
6. Victim alongwith her guardian appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant.
7. Considering facts of the case, nature of allegations, submissions of
learned counsel for the parties, particularly the fact that present applicant took the minor victim (aged about 15 years & 10 months) in his room at Ramanujganj, gave her intoxicated cold drink and committed rape with her and also taken her obscene photographs and, thereafter, threatened her to viral the said photographs, further considering the evidence of victim before the trial Court, I am not inclined to allow this bail application.
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8. Accordingly, bail application is hereby rejected. However, looking to the detention period of applicant, trial Court concerned is directed to expedite the trial as early as possible.
Sd/- (Arvind Kumar Verma)
Judge J.